Alberta to expand laws around non-consensual AI content

Nate Glubish shakes hands with Alberta Premier Danielle Smith after Glubish was sworn into cabinet as Minister of Technology and Innovations in Edmonton, Monday, Oct. 24, 2022. THE CANADIAN PRESS/Jason Franson

The Alberta government says it’s moving to update its provincial laws to allow victims of deepfakes and non-consensual intimate audio recordings to sue for damages.

Technology Minister Nate Glubish confirmed he is working with Justice Minister Mickey Amery to amend the Protecting Victims of Non-Consensual Distribution of Intimate Images Act.

The goal is to expand the legislation this fall to include material created by artificial intelligence like deepfakes and audio recordings.

The existing law, passed in 2017, allows victims to seek injunctions and sue for damages, but it is currently limited to images or videos showing a person nude, partially nude or engaged in sexual activity.

“We know that deepfake technology can be used in very harmful ways, and we want to make sure we’re protecting Albertans from those abuses,” Glubish said.

The minister adds it is too early to provide specific details on the new wording of the act, but maintained the province aims to have the “strongest privacy laws in Canada.”

‘Trauma inducing impacts’

For those working with survivors, the change is a long time coming.

Kristine Cassie, CEO of the Chinook Sexual Assault Centre in Lethbridge, said the harm caused by AI-generated intimate content has lasting psychological and real-world impacts on people.

“This is an assault on the very integrity of a person. This is very much a sexual assault in our eyes. This is trauma-inducing,” Cassie said.

Cassie is calling for the updates to go even further by holding original creators, those who share the content, and those who profit from its distribution accountable.

She also emphasized the need for a faster process to de-index and remove media to erase a victim’s digital footprint.

A ‘heavily underreported’ crime

The push for legislative change comes as the Calgary Police Service (CPS) reports a steady stream of cases involving the distribution of intimate images or sextortion.

According to CPS data:

• 2023: 223 reports
• 2024: 142 reports
• 2025: 155 reports
• 2026: 29 reports (as of the end of February)

Police say while they have seen reports involving AI-generated images, the crime is believed to be heavily underreported.

“The distribution of intimate images without consent is a criminal offence in Canada and we encourage any victims of these incidents to report it to police,” the CPS said in a statement, adding that it supports any legislation that strengthens the ability to hold offenders accountable.